Marife Dini Araştırmalar Dergisi

Abstract

In Parallel with the development of mankind, new kind of contracts and new conditions which constitute the contents of new contracts have been arised. General terms and conditions, a product of the industrial revolution, and the standard contracts resulting from the using of these conditions are one of those kinds of contracts. The classic contract model is an individual contract. In this contract model, the parties freely determine the contents of the contract through mutual consultation. As for the content of the standard contracts which is opposite of the individual contract, the general terms and conditions that the customer must accept in whole or in part without negotiating constitute it. Standardized terms of contract are the standard contract conditions which the entrepreneurs have prepared in their favor in advance, in order to rationalize the legal relations of the entrepreneurs today, when goods and services produced in series are marketed to thousands of people every day. These contracts and conditions are new in terms of Islamic law. Senhûri made the first evaluation of these in terms of Islamic law and gave the name of iz'an to the contracts containing general terms and conditions. In this study, standard contracts and general terms and conditions have been evaluated from the point of view of Islamic law and reached to the conclusion that they are chaiz/lawful as a rule.